National Archives and Records Administration v. Favish

National Archives and Records Administration v. Favish et. al., 541 U.S. 157 (2004) is a United States Supreme Court ruling about the Freedom of Information Act concerning the release of photos surrounding the death of Vince Foster, then Deputy White House Counsel.[1] The court ruled unanimously that a family has the right to invoke an deceased individuals' right to privacy and the unwarranted invasion of privacy exception in the Act must have evidence of improper conduct to overturn the exception.[2]

National Archives and Records Administration v. Favish
Argued December 3, 2003
Decided March 30, 2004
Full case nameNational Archives and Records Administration v. Allan J. Favish, et al.
Docket no.02-954
Citations541 U.S. 157 (more)
Case history
PriorUnited States Court of Appeals for the Ninth Circuit
Holding
(i) A family has the right to invoke an deceased individuals' right to privacy (ii) the unwarranted invasion of privacy exception in the FOIA must have evidence of improper conduct to overturn
Court membership
Chief Justice
William Rehnquist
Associate Justices
John P. Stevens · Sandra Day O'Connor
Antonin Scalia · Anthony Kennedy
David Souter · Clarence Thomas
Ruth Bader Ginsburg · Stephen Breyer
Case opinion
MajorityAnthony Kennedy, joined by a unanimous court
Laws applied
5 U.S.C. § 552

References
  1. "National Archives and Records Administration v. Favish". Oyez Project. Retrieved 2021-01-06.
  2. Bemis, Lauren (15 October 2005). "Balancing a Citizen's Right to Know with the Privacy of an Innocent Family: The Expansion of the Scope of Exemption 7(C) of the Freedom of Information Act under National Archives & Records". Freedom of Information Act under National Archives and Records Administration v Favish. 25: 507–543.

See also


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